On January 9, 2024, the United States Department of Labor (DOL) issued its long-awaited final rule (“Final Rule”) regarding worker classification under the Fair Labor Standards Act (FLSA or the “Act”).
The Final Rule —...more
For many kids (and school staff), the last bell before winter break heralds freedom and fun. But many teenagers also use the extended time off from school to squeeze in some extra paid work. That means employers should brush...more
The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more
On Feb. 8, the U.S. Department of Labor announced that a Michigan auto plant will begin providing employees with more private space to nurse, determining that the car manufacturer made nursing mothers wait up to 20 minutes...more
Here in Wisconsin, we say – “Don’t like the weather? Wait five minutes” – to capture our ever-changing outdoors. (Case in point: as I write this article, today’s high temperature is 72 degrees; tomorrow’s is 36.) The phrase...more
The national conversation around union organization – increasingly lively of late – has focused on “new” players, whether grassroots unions, college-educated employees in the service industry, or professionals in the...more
5/25/2022
/ Automotive Industry ,
Biden Administration ,
Employees ,
Employer Liability Issues ,
Manufacturers ,
NLRB ,
NLRB General Counsel ,
Training ,
Union Representatives ,
Unions ,
Workplace Safety
The Occupational Safety and Health Administration (OSHA) has announced a National Emphasis Program (NEP) focused on heat hazards, effective April 8, 2022. Under the NEP, OSHA will be conducting proactive inspections for...more
As we await OSHA’s highly anticipated Emergency Temporary Standard (ETS)—which will require certain employers to implement “vaccine-or-test” policies—the Equal Employment Opportunities Commission (EEOC) recently updated its...more
10/26/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
New Guidance ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
We’ve been saying for some time now that the Occupational Safety and Health Administration (OSHA) was expected to release an emergency temporary standard on COVID-19 – now that day has finally come! On June 10, 2021, OSHA...more
6/11/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Healthcare ,
New Guidance ,
OSHA ,
Paid Leave ,
Personal Protective Equipment ,
Social Media ,
Vaccinations ,
Workplace Safety
Peter Ohr, the new top lawyer at the National Labor Relations Board (NLRB), issued a memorandum on March 31, 2021, regarding employees’ right to act together to improve their working conditions, which has long been guaranteed...more
Focus on the presidential contest aside, on Election Day, voters in several states approved measures that will impact employers. Namely, Florida employers are now looking at years of incremental increases to the minimum...more
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
As the discussion about reopening workplaces continues, employers are facing questions of how to deal with employees refusing to return, how to remain compliant with federal anti-discrimination laws, and how (or whether) to...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
More than 3,000 workers have filed complaints with OSHA since January 2020, alleging concerns over potential exposure to COVID-19, according to Freedom of Information Act records analyzed by the Washington Post. In the...more
On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued interim guidance regarding enforcement of employers’ obligation to record employees’ COVID-19 cases. The guidance recognizes that determining...more
On April 3, 2020, OSHA issued enforcement guidance that temporarily permits the extended and re-use of respirators as well as other alternatives, and clarifies when respirators, including N95 masks, may continue to be used...more
4/9/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Face-Filtering ,
Health and Safety ,
Healthcare ,
Hospitals ,
Infectious Diseases ,
Medical Devices ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Since the Department of Labor (DOL) regulations are now finalized, we thought it would be a useful exercise to revisit some of our prior FAQs that relate to the FFCRA and the new regulations. While our prior guidance is...more
On April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First Coronavirus Response Act (“the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) published additional Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 26, 2020, which address some of the open issues regarding the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a third installment of new Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 28, 2020. Foley’s Coronavirus Task Force...more
We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate...more